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(영문) 광주지방법원 2020.01.09 2019고단4388
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 30, 2010, the Defendant was sentenced to a fine of 1.5 million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 17, 2019, from around 01:45 to 02:00 on the same day, the Defendant driven a C-A-hurd-hurn car with a blood alcohol concentration of about 0.20% in a section of approximately 300 meters prior to the Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement under circumstances;

1. Records before judgment: Application of criminal records, results of inquiry and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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